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Boedi Prasetyo
Universitas Tarumanagara
Law, Crime, Criminology & Criminal Justice

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Pengalihan Pertanggungjawaban dalam Kasus Tindak Pidana Pencucian Uang Muh Dzaki Nouval; Boedi Prasetyo
Jurnal Hukum Lex Generalis Vol 5 No 7 (2024): Tema Hukum Pidana
Publisher : CV Rewang Rencang

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The crime of money laundering, as it is known, is a crime that has certain characteristics where the criminal act is not the main criminal act but a follow-up criminal act. In its implementation, the crime of money laundering is a wealth that is placed, transferred or transferred where the wealth is a wealth obtained from the crime of buying and selling narcotics. Law No. 8/2010 on the Prevention and Eradication of Money Laundering Crime stipulates that passive actors can be held criminally liable if they fail to fulfil the obligation to report suspicious transactions stipulated in the law. The sanctions imposed aim to prevent the omission of the proceeds of crime and close the opportunity for active actors to hide the origin of illegal funds. Through an approach that covers both the perpetrator's actions and the origin of the funds, the law provides a strong basis for prosecuting passive money launderers. This is important for maintaining the integrity of the financial system, mitigating the adverse impact of serious crime, and ensuring legal justice. Law enforcement against passive money laundering offences is a strategic step in preventing the misuse of illicit funds and supporting economic and social stability.
Analisis Implementasi Pemidanaan Terhadap Admin Judi Online dalam Perspektif Hukum Pidana Riyan Giri Aldiansyah; Boedi Prasetyo
Jurnal Hukum Lex Generalis Vol 5 No 7 (2024): Tema Hukum Pidana
Publisher : CV Rewang Rencang

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Criminal punishment for online gambling administrators in Indonesia is a crucial aspect of law enforcement related to the growing issue of online gambling, which has developed alongside technological advancements. This article analyzes the legal foundations used to punish online gambling administrators, including Law No. 11 of 2008 on Information and Electronic Transactions (ITE), the Indonesian Criminal Code (KUHP), and Government Regulation No. 71 of 2019 on the Implementation of Electronic Transaction Systems. Online gambling administrators, as organizers and managers of gambling platforms, hold significant criminal responsibility, both for facilitating gambling activities and for disseminating information related to gambling. Criminal punishment is imposed on administrators based on their involvement in providing platforms for betting, managing transactions, and promoting gambling through digital media. Additionally, this article discusses the challenges in enforcing laws against online gambling administrators, such as the anonymity of perpetrators, unclear server locations, and limited resources for law enforcement. Several court cases related to the criminal punishment of online gambling administrators, such as Decision No. 852/Pid. Sus/2020/PN. Mdn and Decision No. 579/Pid. B/2023/PN SBY, are used as examples of how criminal law is applied in practice. Despite these significant challenges, consistent law enforcement and international collaboration are essential to reducing online gambling practices that harm both society and the country. It is hoped that by applying strict criminal sanctions, a deterrent effect will be achieved, limiting the spread of online gambling in Indonesia.
Penerapan Penjatuhan Hukuman Pidana terhadap Percobaan Pembunuhan Berencana yang Dilakukan Oleh Pelaku : (Studi Putusan Nomor 150/Pid.B/2020/PN JKT.UTR & Putusan Nomor 1607/Pid.B/2019/PN JKT. UTR) Jhon Hausen Sibuea; Boedi Prasetyo
Jurnal Hukum Lex Generalis Vol 5 No 7 (2024): Tema Hukum Pidana
Publisher : CV Rewang Rencang

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Premeditated murder is one of the social symptoms that still occurs in many societies. The perpetrator of premeditated murder wants the loss of life of another person. However, the loss of life of others does not materialise, so the perpetrator is charged with attempted premeditated murder. This research discusses how the responsibility of the perpetrator of attempted premeditated murder and how the application of criminal offences against attempted premeditated murder. This research examines Decision Number 150/Pid.B/2020/PN JKT.UTR and Decision Number 1607/Pid.B/2019/PN JKT. UTR. This research is normative legal research conducted by examining library materials or secondary data. This research uses case approach method and statutory approach. The results showed that the perpetrator or defendant of attempted murder can be charged with criminal responsibility if the criminal act has been proven, has the ability to be responsible based on the provisions of Article 44 paragraph (1) to 1 of the Indonesia Criminal Code, and there are no reasons for criminal erasure which can be in the form of excuses and justification reasons. The imposition of criminal sanctions for the criminal offence of attempted premeditated murder is a maximum penalty of 15 (fifteen) years in accordance with the provisions of Article 53 paragraph (4) of the Indonesia Criminal Code. The punishment of the perpetrator of attempted premeditated murder as in Decision Number 150/Pid.B/2020/PN JKT.UTR and providing the means to commit attempted premeditated murder in Decision Number 1607/Pid.B/2019/PN JKT.UTR is in accordance with what has been regulated in Article 53 paragraph (4) of the Indonesia Criminal Code, the imposition of probationary punishment if the crime punishable by death or life imprisonment is a maximum of 15 (fifteen) years. When viewed from the verdict in the case of the two defendants, it is in accordance with the provisions by not exceeding the maximum limit of 15 (fifteen) years.
Pembuktian Akun Palsu Terhadap Selebgram yang Diduga Melakukan Promosi Judi Online Salsa Refalia; Boedi Prasetyo
Jurnal Hukum Lex Generalis Vol 5 No 7 (2024): Tema Hukum Pidana
Publisher : CV Rewang Rencang

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This article aims to discuss the proof of fake accounts against celebrities who are allegedly involved in online gambling promotions, based on existing literature studies. Celebgrams or social media influencers are often the target of abuse by irresponsible parties, including in the form of fake accounts used to spread negative content, such as online gambling promotions. These fake accounts can be created with the aim of damaging the reputation of celebrities or tricking audiences into engaging in illegal activities. Proving fake accounts requires various methods, including technical analysis of digital footprints, identification of suspicious communication patterns, and proving the relationship between fake accounts and gambling promotion activities. In the case of online gambling promotion, this proof also involves the collection of digital evidence in the form of posts, comments, and other interactions that can indicate a criminal act. This process often involves working together between authorities and social media platform providers to identify sources and remove illegal content. Literature studies show that digital forensic analysis and social media monitoring are two effective approaches in identifying and proving the existence of fake accounts and their involvement in the promotion of illegal activities. Handling fake accounts and online gambling promotions requires cooperation between various parties, including law enforcement, platform providers, and the public, so that these illegal practices can be minimized.
Analisis Program Rehabilitasi Narkotika dan Dampaknya terhadap Peningkatan Kualitas Hidup Pengguna Narkoba Salsabila Putri Zahra Nasution; Boedi Prasetyo
Jurnal Hukum Lex Generalis Vol 5 No 12 (2024): Tema Hukum dan Hak Asasi Manusia
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This study focused to analyze the effectiveness of drug rehabilitation programs and their impact on improving the quality of life of users. Drug rehabilitation in Indonesia has become an important part of efforts to overcome drug abuse, but the effectiveness of this program is still debated. The research method used is a case study with a qualitative approach, collecting data through in-depth interviews with rehabilitation participants, rehabilitation officers, and document analysis related to the rehabilitation program. The results of the study indicate that the drug rehabilitation program has a positive impact on the quality of life of users in several aspects, including physical and mental health, social relationships, and the ability to adapt to the environment. Factors that influence the success of rehabilitation include family support, involvement in group therapy, and the sustainability of the post-rehabilitation program. However, challenges faced include the lack of adequate facilities, limited human resources, and social stigma against former drug users. This study also identifies the importance of a more holistic and sustainable rehabilitation approach, including an emphasis on life skills development, psychosocial support, and economic recovery for former users. These findings are expected to provide insight for policy makers and practitioners in designing more effective drug rehabilitation programs that can improve the quality of life of drug users as a whole.
Implementasi Restorative Justice di Indonesia sebagai Upaya Penyelesaian Sengketa Cyber Crime Rafi Fadhlurrohman Arianto; Boedi Prasetyo
Jurnal Hukum Lex Generalis Vol 5 No 7 (2024): Tema Hukum Pidana
Publisher : CV Rewang Rencang

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Abstract

The resolution of cyber crime disputes through restorative justice has a positive impact, as the restorative justice approach shifts the focus from punishment to a process of dialogue and mediation aimed at creating a more just and balanced resolution, beneficial to both the victim and the perpetrator. This concept is rooted in the view that in every criminal act, the suffering experienced by the victim not only affects the victim itself but also impacts those around them, and even society and the nation on a broader scale. This study aims to examine the implementation of restorative justice as a solution to resolving cyber crime disputes. This research adopts a normative legal research method, focusing on the search for legal norms, concepts, and doctrines that can serve as the foundation for resolving legal issues. The techniques employed include approaches based on regulations and a contextual approach. In its analysis, the study uses qualitative analysis methods, focusing on the examination of collected legal documents. The research demonstrates that the implementation of restorative justice as an alternative in the criminal process in Indonesia is deemed effective, in line with the issuance of the Indonesian National Police Regulation No. 8 of 2021 on the Handling of Criminal Acts Based on Restorative Justice for the investigation process. This regulation serves as the foundation for the application of restorative justice principles in criminal cases. Restorative justice aims to provide restoration for the victim and accountability for the perpetrator. In this regard, the interests of both the victim and the perpetrator can be fulfilled. Therefore, the implementation of restorative justice as a resolution method can be conducted in Indonesia, with the goal of ensuring that victims regain their rights.
Co-Authors Jhon Hausen Sibuea Muh Dzaki Nouval Rafi Fadhlurrohman Arianto Riyan Giri Aldiansyah Salsa Refalia Salsabila Putri Zahra Nasution